Can Landlords Refuse to Rent Based on Income in PEI?

Finding a place to rent can sometimes feel overwhelming, especially if you're worried about being turned down because of your income. If you're searching for a shared rental or considering roommates in Prince Edward Island, it's important to know what your rights are under local tenancy law and what landlords are and aren't allowed to ask or require. This article provides a comprehensive overview for tenants on income requirements, discrimination, and available protections in PEI.

Understanding Rental Applications and Income Screening in PEI

When applying for a rental in Prince Edward Island, landlords have the right to ask for information that helps determine if a prospective tenant will be able to pay rent. This often includes questions about your employment, monthly income, or the source of your income.

However, there are limits to what landlords can require:

• Landlords can ask about your current income and employment status, or request references as part of their application process.
• It's legal for a landlord to assess whether your income is enough to cover the rent, but there are protections in place to prevent unjust discrimination and ensure fairness for all tenants.

Income Discrimination and Tenant Rights

In Prince Edward Island, the Rental of Residential Property Act ^[1] sets out the rules for tenancies, including what landlords may consider during the rental application process. Unlike some larger provinces, PEI does not have explicit protections in its Human Rights Act that prevent "source of income" discrimination. However, landlords cannot ask discriminatory questions related to other protected grounds like age, gender, or family status.

If you feel you have been refused a rental unfairly, and suspect it may involve discrimination based on a protected ground (such as race, religion, or family status), you can contact the PEI Human Rights Commission to learn more or file a complaint.

Roommates and Shared Housing: Income Considerations

Many tenants choose to rent with roommates to make housing more affordable. Landlords may ask for income information from each adult applicant, but they cannot require that a single tenant meet the rent threshold alone if the lease is being signed by more than one person. Income from all leaseholders should be considered collectively.

Relevant Forms and Where to Find Them

Prince Edward Island has a set of official forms regulated by the Island Regulatory and Appeals Commission (IRAC), which is the provincial tribunal responsible for residential tenancies. You can find all tenancy forms at the official IRAC Rental Order Forms page.

• Form 2 – Application by Tenant: Used if you believe your landlord has acted unfairly or refused to rent for a discriminatory reason. Submit this form to request an order from IRAC.
  Access here: Download Form 2

Example: If you and your roommate applied for a rental and were refused with no clear or fair reason, you can submit Form 2 to ask IRAC to investigate.

The Role of the Island Regulatory and Appeals Commission (IRAC)

IRAC handles all official disputes and applications related to rented housing in PEI. This includes situations where tenants believe their rights have been violated or where unfair housing practices may have occurred. Access their main site here: IRAC Rental Office – Tenancy Information.

Other Key Rental Issues in Prince Edward Island

In addition to questions about income, tenants should be aware of their rights concerning security deposits, maintenance, lease renewals, and paying rent. For more details, see Tenant Rights and Landlord Rights in Prince Edward Island.

Understanding the overall rights and responsibilities for landlords and tenants can also ensure smoother relationships. For a general overview, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

If you're searching for a new home, Find rental homes across Canada on Houseme and compare listings, prices, and suitability for your needs and budget.

Tip: Always keep records of your communications and submitted documents when applying for rentals, especially if you're concerned about discrimination or unfair treatment.

FAQ: Prince Edward Island Tenants and Income Screening

1. Can a landlord deny my application if my income is low?
   Landlords in PEI can consider your ability to pay rent, but they must assess your and your roommates’ income together if you’re applying jointly. There is no law setting a minimum income requirement.
2. Is it legal for landlords to require proof of employment?
   Yes, landlords may request proof of employment or income to determine your ability to pay rent.
3. What if I receive social assistance or government benefits?
   Landlords can consider all legal sources of income when reviewing your application but cannot refuse you solely because your income is from government assistance, unless such discrimination is proven to violate the Human Rights Act.
4. Who do I contact if I think I was discriminated against?
   If you believe a landlord refused to rent to you for a discriminatory reason, contact the PEI Human Rights Commission or submit Form 2 to IRAC.

Key Takeaways for Tenants

• Landlords can ask about income but cannot unfairly discriminate on most protected grounds.
• Your income and your roommates’ income should be considered together for shared rentals.
• Know your rights under the PEI Rental of Residential Property Act and contact IRAC or the Human Rights Commission for help.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC): Tenant resources and complaint forms
• PEI Human Rights Commission: Information and discrimination complaints
• Tenant Rights and Landlord Rights in Prince Edward Island

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1. PEI Rental of Residential Property Act (2024)
2. Island Regulatory and Appeals Commission (IRAC)

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